Nebraska
Nebraska requires AED programs to include AED placement reporting. The Good Samaritan law protects AED users engaged in device-related activities but does not cover other program activities or participants. This immunity is not dependent on meeting specific administrative requirements. Nebraska does not mandate specific AED placement locations, allowing flexibility for organizations. This approach ensures effective AED programs while accommodating different needs and circumstances.
Nebraska Law Key Takeaways
Requirement
Summary
Nebraska Statutes and Regulations
*Nebraska Revised Statutes -- 71-51,102. Automated external defibrillator; use; conditions; liability.
(1) For purposes of this section:
(a) Automated external defibrillator means a device that:
(i) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention of an operator, whether defibrillation should be performed; and
(ii) Automatically charges and requests delivery of an electrical impulse to an individual’s heart when it has identified a condition for which defibrillation should be performed;
(b) Emergency medical service means an emergency medical service as defined in section 38-1207;
(c) Health care facility means a health care facility as defined in section 71-413;
(d) Health care practitioner facility means a health care practitioner facility as defined in section 71-414; and
(e) Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services and who is authorized within his or her scope of practice to use an automated external defibrillator.
(2) Except for the action or omission of a health care professional acting in such capacity or in a health care facility, no person who delivers emergency care or treatment using an automated external defibrillator shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of rendering such care or treatment in good faith. Nothing in this subsection shall be construed to (a) grant immunity for any willful, wanton, or grossly negligent acts of commission or omission or (b) limit the immunity provisions for certain health care professionals as provided in section 38-1232.
(3) A person acquiring an automated external defibrillator shall notify the local emergency medical service of the existence, location, and type of the defibrillator and of any change in the location of such defibrillator unless the defibrillator was acquired for use in a private residence, a health care facility, or a health care practitioner facility.
**Nebraska Administrative Code, 172 NAC 14-002. Definitions.
Automated external defibrillator (AED) means a device that:
1. Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;
2. Is capable of determining, without intervention of an operator, whether defibrillation should be performed; and
3. Automatically charges and requests delivery of an electric impulse to an individual’s heart when it has identified a condition for which defibrillation should be performed.
Health care professional means any person who is licensed, certified, or registered by the Department of Health and Human Services Regulation and Licensure and who is authorized within his/her scope of practice to use an automated external defibrillator.
*Codes and regulations cited from Justia US Law.
**Codes and regulations cited from NebraskaLegislature.gov.
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